468. Taken alongside Defendants’ concluding segment, wherein they directly accuse
John of completing the actions necessary to cover-up for Burke, the above statements in context
and in combination support the defamatory gist that John engaged in a criminal cover-up,
including strangling JonBenét while she was still alive.
469. In this segment, Defendants conducted a segment with Spitz that culminated with
a reprehensible, staged demonstration intended to plant in the viewers’ minds the powerful and
incriminating image of Burke killing JonBenét: Spitz commands a ten-year-old boy to, in effect,
pretend he is bludgeoning JonBenét to death by using a flashlight to strike a pig skin skull
covered with a blonde wig.

470. The main proposition of this flashlight segment is lifted directly from Foreign
Faction. Spitz also suggested that the flashlight was the murder weapon during his original
review of the case in the 1990s.
Page 76 of 113

471. With no direct evidence establishing the murder weapon, Defendants recklessly
state that the murder weapon used to kill JonBenét was the three D-cell Maglite flashlight (the
“Flashlight”) that had been found on the kitchen counter of the Ramsey home.

Their conclusions:
And you can see how it’s broken. It’s very similar to the type of break that we saw on JonBenét. Clemente, Exhibit B, p. 39.

The impact of the demonstration was a convincing confirmation of the association of the flashlight with the injury in the head. . . . There was, in my view, no doubt that this flashlight or one exactly like it caused that injury. Spitz, Exhibit B, p. 39.

Later in document:

481. Defendants knowingly and falsely stated that the fracture to JonBenét’s “skull
preserved the appearance, the dimensions of the [Flashlight],” which “fits to perfection.”
482. The Documentary initially created a misleading and false demonstration with a
flashlight that had Pseudo-Expert Clemente striking a thin wooden board with a flashlight to
allegedly recreate the physical damage to JonBenét’s skull from a blow delivered by the
Flashlight. The experiment has no scientific validity. This made-for-TV demonstration was
staged and phony. In short, Defendants knowingly lied to the viewers by performing a fake
experiment, all with the aim of convincing the viewers that Burke killed his sister with the
flashlight.
Page 78 of 113

483. Defendants then knowingly conducted a second misleading and false
demonstration with a flashlight: only this time a ten-year-old child is instructed to use a
flashlight to strike a purported skull covered by a pigskin and blonde wig.
484. Defendants knew that their demonstration with the child and a flashlight had no
scientific validity.
485. Defendants rigged this demonstration in an obvious attempt to recreate the image
in the viewers’ minds of Burke killing JonBenét. For example, after the boy struck the wigged
skull, the Documentary revealed the damage. Defendant Clemente falsely proclaimed that the
defect in the skull is “very similar to the type of break that we saw on JonBenét.” The injury to
JonBenét’s skull was a rectangle with rounded edges, whereas the skull in the Documentary has
a triangular hole. Yet Defendants falsely proclaim, “The demonstration was a convincing
confirmation of the association of the Flashlight with that injury in the head” and there is “no
doubt that this Flashlight or one exactly like it caused that injury.”